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Articles 1171 - 1200 of 1490
Full-Text Articles in Courts
Pre-Emption Of Local Law By State Legislature
Against An Elite Federal Judiciary: Comments On The Report Of The Federal Courts Study Committee, Michael L. Wells
Against An Elite Federal Judiciary: Comments On The Report Of The Federal Courts Study Committee, Michael L. Wells
Scholarly Works
No doubt some reform of the federal courts is essential if they are to cope with the proliferation of litigation over the past thirty years and the resulting "congestion, delay, expense, and expansion" in the federal courts. While the problem may not amount to an "impending crisis", the burgeoning caseload surely poses a threat, at least in the long run, to the ability of the federal courts to function effectively. The hard question is not whether something should be done, but what to do about it. There is no shortage of interesting ideas. Some of the ideas that clamor for …
The Politics Of Crisis In The Federal Courts, Lauren K. Robel
The Politics Of Crisis In The Federal Courts, Lauren K. Robel
Articles by Maurer Faculty
No abstract provided.
Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman
Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman
Touro Law Review
No abstract provided.
Right-To-Die, Bruce Morton
Abortion Rights, Eileen Kaufman
Jurisdiction Of The Supreme Court
Judicial Discretion And The 1983 Amendments To The Federal Civil Rules, Carl W. Tobias
Judicial Discretion And The 1983 Amendments To The Federal Civil Rules, Carl W. Tobias
Law Faculty Publications
The first section of this Article briefly describes the developments which created the perception that the federal courts were experiencing a litigation explosion and which ultimately led to the promulgation of the 1983 amendments as one response to the perceived explosion. It also examines the substantive content of those changes, especially how the revisions enlarged federal judicial discretion. The second section evaluates the courts' implementation of the 1983 amendments and finds that this application has adversely affected numerous litigants, particularly civil rights plaintiffs, while providing some benefits, namely fostering more expeditious dispute resolution.
The third section provides suggestions for the …
Summary Judgment Before The Completion Of Discovery: A Proposed Revision Of Federal Rule Of Civil Procedure 56(F), John F. Lapham
Summary Judgment Before The Completion Of Discovery: A Proposed Revision Of Federal Rule Of Civil Procedure 56(F), John F. Lapham
University of Michigan Journal of Law Reform
Part I of this Note discusses the purpose of summary judgment in a regime of notice pleading. Part II examines how the federal courts have interpreted and applied rule 56(f). Part III suggests that rule 56(f) be modified to require a more significant factual showing before a court may grant a continuance for further discovery. In addition, Part III examines the policy considerations that support a more stringent rule. Finally, Part IV provides a hypothetical example illustrating the benefits of this proposal.
Stare Decisis Among And Within Florida's District Courts Of Appeal, Taylor Mattis
Stare Decisis Among And Within Florida's District Courts Of Appeal, Taylor Mattis
Florida State University Law Review
No abstract provided.
Florida's Partial Final Judgment Rule: Problems And Solutions, Kent R. Putnam
Florida's Partial Final Judgment Rule: Problems And Solutions, Kent R. Putnam
Florida State University Law Review
Florida's partial final judgment rule creates uncertainty for attorneys and their clients. The author of this Article proposes solutions ranging from changes in terminology to amendments to the rule.
Strandell V. Jackson County And G. Heileman Brewing Co. V. Joseph Oat Corp.: The Failure Of The Seventh Circuit Court Of Appeals To Narrow The Interpretation Of Rule 16 And Limit The Inherent Power Doctrine, Farol Parco
Brigham Young University Journal of Public Law
No abstract provided.
Observations On Recent Efforts To Deter Frivolous Papers In The Illinois Circuit Courts, Jeffrey A. Parness
Observations On Recent Efforts To Deter Frivolous Papers In The Illinois Circuit Courts, Jeffrey A. Parness
Loyola University Chicago Law Journal
No abstract provided.
Disclosure Of Testifying Expert Witnesses Under Illinois Supreme Court Rule 220: The Continuing Struggle To Balance Adequate Trial Preparation And Fairness, 23 J. Marshall L. Rev. 363 (1990), Thomas G. Compall
UIC Law Review
No abstract provided.
G. Heilman Brewing Co., Inc. V. Joseph Oat Corp.: The Seventh Circuit Approves The Exercise Of Inherent Authority To Increase A District Judge's Pre-Trial Authority Under Rule 16, 23 J. Marshall L. Rev. 517 (1990), Bradley Adas
UIC Law Review
No abstract provided.
The Noseworthy Doctrine: A Threepart Rule For Its Application, Steven D. Jannace
The Noseworthy Doctrine: A Threepart Rule For Its Application, Steven D. Jannace
Touro Law Review
No abstract provided.
Organizational Standing In Environmental Litigation, Jeanne A. Compitello
Organizational Standing In Environmental Litigation, Jeanne A. Compitello
Touro Law Review
No abstract provided.
Property Rights Of Unmarried Cohabitants In New York: Proposal For Legislative Action Towards A More Equitable Future, Helene Kulczycki
Property Rights Of Unmarried Cohabitants In New York: Proposal For Legislative Action Towards A More Equitable Future, Helene Kulczycki
Touro Law Review
No abstract provided.
The Medical Waste Tracking Act Of 1988: An Analysis Of Its Provisions And Its Effect On New York State, Laurence D. Granite
The Medical Waste Tracking Act Of 1988: An Analysis Of Its Provisions And Its Effect On New York State, Laurence D. Granite
Touro Law Review
No abstract provided.
Civil Procedure Reform In Japan, Takeshi Kojima
Civil Procedure Reform In Japan, Takeshi Kojima
Michigan Journal of International Law
Delay in court has been a problem common in all eras, both ancient and modern, and to all systems of law, Western and Eastern alike. In Japan, however, the problem is arguably more acute. The average delay between filing and judgment for cases that require at least a minimum level of proof-taking or an evidentiary hearing is 27 months. This deplorable reality has recently led to renewed efforts to tackle the problem of delay in Japan. Two groups that have been particularly important in this effort are two local bar associations and the Tokyo and Osaka district courts. The First …